Consent needed to enter for inspections
Owners should inquire how manager obtained master key to all suites
Q I live in a new 60-unit condominium in Edmonton. I have been advised that in order to do a fire system inspection, our management group representative will give access to the inspection team via master key for all suites. Is it normal (or legal) for the management team to have a master key for every suite?
A It is not common, and unless it was done with your consent, then it would not even be legal. I would not give the key to my unit to anyone, and I wonder how the property manager obtained the master key. You should look into this issue further.
Helpful hint: The condominium corporation may have to gain access to your unit from time to time, and needs to give you notice and make arrangements so that you’re either at home or you can give the key to someone for that particular purpose on that specific date.
Q I am a member of the board of our 42-unit duplex-type condo corporation. We have regular monthly meetings. I am a snowbird and go to California for five months every winter, and I participate in the meetings via Skype. Our property manager is of the opinion that I can state my views but cannot vote, and in order to adopt this Skype method (or any other means) we must add them to our bylaws by members’ vote.
A Your property manager is correct. In order to participate in a meeting by electronic means and be counted as part of the quorum, the bylaws of the condominium corporation must give you that authority. There is nothing in the Condominium Property Act that addresses this issue. Some bylaws allow board members to participate by electronic means. If your bylaws do not, then all you can do is express your thoughts on an issue, but you will not be counted as part of the quorum, nor will any of your votes be used to determine a particular issue.
Helpful hint: The good news is that if the amendments to the Condominium Property Act are ever proclaimed into law by the Government of Alberta, you will then be able to fully participate in these meetings electronically.
Q Is there any information, or are guidelines available, explaining/ listing the typical board members’ responsibilities? We are trying to encour-
age owners in our condo to volunteer on the board, and it would be helpful to have a list of responsibilities and duties. As well, what are the responsibilities of the property manager?
A The duties and responsibilities of board members should be set out in your bylaws. If there is nothing in your bylaws, then you can provide owners with a general overview of the various positions on the board. Further, if your bylaws are silent on this issue, or do not provide any real substance, then you may want to consider amending your bylaws so that current and future board members will know exactly what their responsibilities are.
With respect to your property manager, it varies between condominium buildings. You would need to look at the written agreement between the condominium corporation and the property manager to determine the exact roles and expectations of your property manager.
Helpful hint: Anything you can do to give owners an understanding of the roles and responsibilities of board members may encourage owners to get involved.
Q One of the units in our condo complex got a crack in its foundation. During heavy rains water leaked into their basement, which was carpeted and drywalled. Because the foundation is a corporation issue, we agreed to hire a contractor to fix the cracks and replace the carpet and drywall. At that time, I was not on the board. Now I am on the board, and from what I understand, any improvements should have been paid through their own insurance. The original units were bare cement basements. The owners signed off on the work and the corporation paid all costs. After more heavy rain, the foundation leaked again. The corporation hired the same contractors to complete repair work on the outside walls. The owner’s father got cleanup done and mould testing, and had the cleanup crew remove the new carpet that could have been cleaned, which the owner admitted. The corporation has paid out $25,000 to make this unit leak-proof with additional sump pumps, and we are not willing to pay for new carpet and drywall that was already replaced. We advised them that the carpet and drywalling is their responsibility, and our role was to repair the foundation wall, pursuant to our bylaws. The owner is threatening to take us to court. Do they have a
leg to stand on when improvements are not our responsibility under the bylaws?
A This is a difficult question to answer, but let me give you some general legal principles relating to insurance. In Alberta, there are no set rules regarding insurance for fixed unit improvements. Some bylaws require unit improvements to be insured, while others do not. The other problem is that in Alberta there are no set rules for what is considered to be an improvement and what is not. Generally, improvements are considered to be upgrades that an owner has added to their unit after the units were purchased from the developer.
Helpful hint: Unfortunately, the legislation in Alberta has not kept up with the growing condominium market. Condominium corporations, owners and insurers would benefit from having a clear understanding of what property must be insured by the
condominium corporation and what is the responsibility of the unit owners.
Q Our townhouse condominium complex has 38 units and is registered as a bare land condominium. Since construction completion 20 years ago, this complex has been professionally managed. Recently, one of the townhouses was listed for sale and the realtor asked if he must commission a professional land survey of the property. The property manager had provided all of the paperwork normally requested for a sale of the unit property, but was not sure whether this additional survey cost was necessary within the guidelines of the law within the Condominium Property Act for a managed bare land condominium. Can you clarify?
A If you are selling a condominium unit in a bare land condominium complex then you will, as
a seller, be required to provide to the buyer a real property report prepared by a surveyor with a compliance certificate issued by the municipality. A real property report shows the location of improvements relative to property boundaries. If you live in a traditional low, medium, or highrise condominium building, you do not require a real property report.
Helpful hint: The requirement of obtaining a real property report is that of the seller of a bare land condominium unit. This is not a cost that is to be incurred by the condominium corporation. Robert Noce, Q.C. is a partner with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your questions at condos@ edmontonjournal.com. Answers are not intended as legal opinions; readers are cautioned not to act on the information provided without seeking legal advice on their unique circumstances. Follow Noce on Twitter at @RobertNoce.